Guide dog users denied service at some county businesses

Education key to solving discrimination, owners say

Penny Reeder of Montgomery Village, who is on the board of the national advocacy group Guide Dog Users Inc., said it is still not uncommon for her to be denied access to businesses because of her guide dog Tess, a 9-year-old German Shepherd.

Linda Taylor of Garrett Park recently went with friends to get Thai food in Rockville but was refused service at the restaurant because of the company she kept. It wasn't Henry's behavior or dress that management objected to. It was his species.

Henry is Taylor's service dog, and because she needs him to assist her with various tasks, Taylor is protected by the Americans with Disabilities Act from being denied reasonable access to public and private services when she's with him. But 19 years after the federal act took effect, many county guide dog users say education is lacking and often they are inadvertently segregated by those who don't know the law.

In this case, Taylor said, the restaurant was Halal, referring to an Islamic concept that distinguishes things that are religiously allowable from those that are not. Dogs are often considered unclean in the Halal tradition, and Henry was excluded "because he was dirty."

"I figured if she said it's a religious thing I'm not going to make a big deal about it," Taylor said. She said sometimes in similar situations she threatens to call the police, "but that becomes so unpleasant," and this time she opted instead to leave the restaurant.

Penny Reeder, a Montgomery Village woman on the board of Guide Dog Users Inc., a national advocacy group with 1,300 members, said it's a common theme for guide dog users, especially at immigrant-owned businesses where cultural views about dogs and understanding of the ADA may be different.

"What they know is that they can get in big trouble with the Department of Health if they let animals in, but they don't know service dogs are an exemption," Reeder said. She said often guide dog users are denied entrance, or when admitted, seated in separate rooms away from the main restaurant.

Restaurants aren't the only places where county guide dog users face discrimination. Reeder said when she is with her guide dog Tess, a German shepherd, excuses like religion, allergies and even fear of dogs are offered as reasons she can't come into a business. Taxi drivers often won't pull over, and problems arise even with the Metro's paratransit service MetroAccess—where interaction with service animals should be expected.

"One time I had a MetroAccess driver that was so frightened of dogs that she cried. I felt so terrible," Reeder said. "When you make your reservations you tell them you have a service dog. There's no excuse for sending someone who's allergic or terrified."

Charlie Crawford of Silver Spring takes his guide dog Mason to teach sensitivity training to new Metro Access drivers, but said the lesson doesn't always take.

"To tell you the truth, even though I try to make is as real as possible with my guide dog by my side, the drivers don't always pay as much attention as they should," Crawford said. "The thing that I try to get across to the Metro Access drivers is that the dog's behavior needs to be as responsible as everyone else in the vehicle."

Angela Gates, a MetroAccess spokeswoman, said she has not heard of problems with drivers, but encouraged anybody that has them to report it so Metro can investigate.

"The animal is to be treated in the same fashion as any mobility aid of a user," Gates said, adding the driver should be equipped to cope with the dog, unlike Reeder's driver who cried.

"In general drivers are not supposed to react that way with the animals," Gates said.

Crawford says he finds problems with Mason are the exception and not the rule, but when he is denied service, he files complaints with Justice Department, taxi commissions or whichever relevant jurisdiction handles such claims. Crawford said he once spent seven years pursing a complaint about a Massachusetts cabbie that denied him service.

About 150 service dog discrimination complaints have been filed with the Justice Department in 2009, with 90 of the cases still open, said spokesman Alejandro Miyar. In 2008 the Justice Department received about 250 complaints.

County Spokeswoman Esther Bowring said no complaints have been filed with the county in the past year about its cab drivers, which are required as part of receiving their license to sign a document containing a clause that stipulates they will not discriminate against service animals. Crawford said Montgomery County has been responsive in the past when he has filed taxi complaints.

Taylor said sometimes even when she gets a cab ride the experience leaves her feeling like a second-class citizen.

"Cab drivers are the worst. They have to pick me up but I've had them bitch and moan the whole trip, yelling at me when I get out, Look at the fur!' you know, on the seat, a few hairs," Taylor said.

Steve Sayer of Bethesda tries to approach any tense situations with a sense of humor. Recently he and his German Shepherd Dilya were at Montgomery mall when a security guard demanded he provide identification proving he needed Dilya as a guide dog, which is a violation of ADA regulations. The Americans with Disabilities Act stipulates a person may inquire how the dog helps its user, but not proof of what disability the person has.

After the guard refused to back down on his demands, Sayer produced a card that he carries, given to him by his guide dog's school, that reads "If you are an employee or owner of any business open to the public…and you are being given this card, you have probably violated the Federal Americans With Disabilities Act (ADA) and the civil rights of the card-holder."

"He knows now and he knows better," Sayer said. "He got the education from it."

Sayer, Reeder, Taylor and Crawford agree that education is the key to solving service dog discrimination.

"People don't know the law," Reeder said. "The ADA will be 19 years old this year, it's not news. But to some people it is."

Reeder said Tess allows her more socialization and mobility than a cane would, and tying her up outside or leaving her home is not an option.

"They wouldn't make somebody leave their eyeballs outside, you know, that's what she is for me," Reeder said. "They wouldn't make somebody come in blindfolded. She helps me function, so they're denying me if they're denying her."